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March 22 1983
18
73
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Minute Order
83-256
83-257
8!3-258
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FULTON, Sth
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Ca11 to order - The Board of Supervisors room, County Administration
Building, 25 County Center Drive, Oroville, California.
Present: Supervisors Fulton, Moseley, Saraceni, Wheeler and Chair
Dolan; Mike Pyeattr interim administrative officer; Del Siemsen,
county counsel; and, Eleanor M. Becker, county clerk, by Rubye
Townsley, deputy clerk.
Pledge of Allegiance to the Flag of the United States of America.
Invocation - Supervisor Moseley
Additional items from Board members to be addressed at the end
of the day:
(a) Report on meeting of committee from Swedes Flat area. -
Supervisor Saraceni
(b) Discussion with county counsel regarding hydro application. -
Supervisor Wheeler
(c) Discussion regarding Pacific Telephone rates in Paradise. -
Supervisor Fulton
(d) Report on meeting with neighbors regarding Crouch Ditch. -
Chair Dolan.
Items pulled from the consent agenda for separate consideration:
(a) Approval of minutes - March 10 and i5, 1983. (CONTINUED
TO MARCH 29, 1983)
Consent Agenda
1. Correction of minutes - March 1, 1983, Minute Order 83-196.
Action requested: CORRECT MINUTES.
2. Budget transfers. Action requested: APPROVE BUDGET TRANSFERS.
3. Appointments to the Maternal, Child and Adolescent Health Board.
Action requested: APPOINT PAT WARREN AND JILL COATES TO THE
MATERNAL, CHILD AND ADOLESCENT HEALTH BOARD TO SERVE UNTIL
MARCY 1986.
4. Appointments to the Durham Memorial Hall Committee. Action
requested: APPOINT WORTH GEORGE, MILTON WIDDADSEN, DWIGHT BRINSON,
JERE LAND AND CHESTER GRAVES TO THE DURHAM MEMORIAL HALL COMMITTEE
TO SERVE UNTIL DECEE~[BER 31, 1983, OR UNTIL THE APPOINTMENT OF
THEIR SUCCESSOR.
5. CETA first quarter assessment - a response has been prepared
to the February 25, 1983, DOL letter reporting assessment of
the CETA Program for first quarter, FY 83. Action requested:
APPROVE THE ACTION PLAN AND AUTHORIZE THE PERSONNEL DIRECTOR
TO SIGN.
Page 499
March 22, 1983
March 22, 1983
6. CETA software maintenance agreement - the Applied Computer
Services (ACS) provides software maintenance fox CETA. Proposed
is a contract amendment to extend the agreement through the end
of the CETA Program, September 30, 1983. Action requested:
APPROVE THE MODIFICATION AND EXTENSION OF THE APPLIED COMPUTER
SERVICES AGREEt+lENT AND AUTHORIZE THE PERSONNEL DIRECTOR TO
SIGN.
7. Air conditioning improvement project - Butte County Jail.
', Action requested: APPROVE TRANSFER AND ADDITIONAL APPRO-
PRIATION FOR THE PROJECT IN THE AMOUNT OF $25,338.02.
8. Gerald Grandstaff - appeal of Advisory Agency's denial of
', tentative parcel map (item on which a negative declaration of
environmental impact has been recommended), AP 47-28-56 and
47-41-13, dividing 456.5 acres + to create two parcels, one at
455 + and one at 1.4 acres + for grazing, and single family
residential use, one mile plus east of Highs Lane, on the south
side of Keefer Road, with a small portion on the north side of
Keefer Road, north Chico area. Action requested: SET PUBLIC
HEARING FOR APRIL 5, 1983, AT 10:30 A.M.
9. Joe Lema, Jr. - appeal of Advisory Agency's denial of tentative
parcel map (item on which a negative declaration of environmental
impact has been recommended), AP 69-11-09, dividing 1.06 acres
into two parcels, one at 0.52 acre and one at 0.54 acre, on
Lodgeview Drive approximately 350 feet north of Hillcrest
Avenue, Oroville area. Action requested: SET PUBLIC HEARING
FOR APRIL 5, 1983, AT 11:00 A.M.
10. Contract for laboratory examinations. Action requested:
APPROVE THE CONTRACT WITH GLENN COUNTY FOR THE EXAMINATION OF
LABORATORY SPECIMENS BY THE BUTTE COUNTY PUBLIC HEALTH
LABORATORY.
11. 1982-83 family planning contract amendment. Action requested:
APPROVE CONTRACT AMENDMENT FOR 1982-83 IN AN AMOUNT NOT TO
EXCEED $70,000.
12. California State Department of Mental Health waiver request
approvals. Action requested: APPROVE THE CALIFORNIA STATE
DEPARTMENT OF MENTAL HEALTH 1982-83 WAIVER REQUESTS FROM THE 125
CAP APPROVALS FOR BUTTE COUNTY MENTAL HEALTH SERVICES.
13. Butte County Mental Health Short--Doyle county plan 1982-63,
Part B, update amendment. Action requested: APPROVE THE BUTTE
COUNTY MENTAL HEALTH SHORT-DOYLE 1982-83 PART B UPDATE AMENDMENT.
14. Board of Supervisors - referral to the Planning Commission to
consider SR-5 and 10 (suburban residential five and ten acre
parcels) zoning in place of the previously considered SR-3
zoning the northerly portion of the Bidwell Heights Land Company,
rezone of property located on Doe Mill Ridge approximately
seven miles south of Forest Ranch, approximately three miles
east of Highway 32, and seven miles east of Chico. Action
requested: SET A PUBLIC HEARING FOR APRIL 19, 1983,'AT
10:30 A.M.
MOTION: TO APPROVE CONSENT AGENDA
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
'age 500
March 22, 1983
95
684
1023
1409
1550
2150
83-259
Mare 22, 1983
Regular Agenda
Auditor-Controller - benefit assessments for flood control maintenance
areas. Action requested: DETERMINE THAT COSTS OF MAINTAINING AD
VALOREM ROLL IS EXCESSIVE AND ELECT TO BENEFIT ASSESSMENT IN A000RD-
ANCE WITH 312878.40 OF THE WATER CODE: DETERMINE THAT FOR PURPOSES
OF THE BENEFIT ASSESSMENT, THE CURRENT PREDOMINANT LAND USE CAPA-
BILITY OF ANY PARCEL IS THAT WHICH CURRENTLY EXISTS; AUTHORIZE
NECESSARY RESOUCES (TO BE IDENTIFIED IN BACK UP) TO DEVELOP DATA
NECESSARY FOR CALCULATION OF BENEFIT ASSESSMENT; DETERMINE WHETHER
TO ADD THE COSTS OF PREPARING AND LEVYING THE ASSESSMENTS TO THE
AMOUNT CERTIFIED BY THE DEPARTMENT OF WATER RESOURCES BEFORE
CALCULATING THE ASSESSMENT AMOUNTS.
MOTION: I WOULD ABOVE FOR THE ACTION REQUESTED AND WITH LAND
OWNERS TO EXPLORE ALTERNATIVES.
S M
VOTE: l Y 2 Y 3 N 4 Y 5 Y (Motion carried)
'83-260 1983-84 road and bridge construction program - road tour.
MOTION: I WOULD MOVE TO ACCEPT THE PROPOSED ROAD AND BRIDGE
CONSTRUCTION PROGRAM AS PRESENTED, SUBSTITUTING EATON
ROAD FOR SACRAMENTO AVENUE BUT NOT NECESSARILY PRECLUDING
THE SACRAMENTO AVENUE AREA FROM BEING ON THE LIST.
M S
VOTE: l Y 2 Y 3 X 4 Y 5 Y (Unanimously carried)
I83-261 Sheriff - Butte County public service vehicle - report.
Action requested: AUTHORIZE SHERIFF TO ACCEPT DONATIONS AND
', ISSUE RECEIPTS FOR DEEP FREEZE, REFRIGERATOR, PROPANE FUEL;
AUTHORIZE TRANSFER OF $2,500 FROM THE GENERAL FUND FOR PURCHASE
OF EQUIPMENT.
MOTION: I WOULD MOVE FOR THE ACTION REQUESTED.
5 l2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
83-262 Sheriff - contract with U.S. Department Forest Service co-op
agreement for Sensemilla Project report. Action requested:
AUTHORIZE CHAIR TO EXECUTE AGREEMENT: AUTHORIZE SHERIFF TO
IMPLEMENT PROGRAM.
MOTION: TO APPROVE ACTION AS REQUESTED
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
RECESS: 8:52 A.M.
RECONVENE: 9:13 A.M.
',83-263 Butte County Superior Court repairs - roof. Action requested:
APPROVE CLAIM OF ARCHITECT; ACCEPT REPORT FROM ARCHITECT;
DIRECT COUNTY ADMINISTRATOR TO PREPARE CONTRACT WITH ARCHITECT
FOR PLANS AND SPECIFICATIONS WITH TOTAL COST NOT TO EXCEED
', $70,000.
MOTION: APPROVE ACTION AS REQUESTER.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried}
i3-264 Butte County main jail - major maintenance report. Action
requested: AUTHORIZE ARCHITECT TO PREPARE PLANS AND SPECIFICATIONS
FOR LIST OF PROJECTS.
Page 501
March 22, 1983
3041
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176
March 22, 1983
', MOTION: TO APPROVE ACTION AS REQUESTED AND FURTHER NOTE FROM
A LIABILITY STANDPOINT THAT WE HAD SETTER START MOVING
ON THIS.
M S
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
83-265 Economic Development Corporation - extension of current
I program in the amount of $8,212 and proposed budget for fiscal
year 1983-84.
MOTION: NOTING THAT THIS HAS BECOME A VERY VIABLE ECONOMIC SUPPORT
I GROUP WITHIN OUR COUNTY, AND T KNOW T'VE JUST PREVIEWED
SOME OF THE PROPOSED PLANS FOR FUTURE ECONOMIC DEVELOPMENT
I WOULD MOVE THAT WE APPROPRIATE THE $8,212 TO COMPLETE
THIS FISCAL YEAR AND THEN AT THE SAME TIME TO CONSIDER
THE PROPOSED BUDGET FOR NEXT FISCAL YEAR DURING BUDGET
SESSION.
S M
', VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
83-266 Ordinance amending Section 14-48 of the Butte County Code relative
to parking of commercial vehicles weighing 10,000 pounds or
more in residential area. Action requested: WAIVE THE FIRST
', READING OF THE ORDINANCE.
MOTION: I WOULD SO MOVE.
M S
', VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
83-267 Resolution of the Board of Supervisors of the County of Butte
approving Phase TI of the Local Arts Plan, as submitted to the
California Arts Commission and authorizing execution of a grant
contract with the California Arts Council - resolution and
report. (Supervisor Fulton)
MOTION: TO APPROVE RESOLUTION 83-38
S M
VOTE:. l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Public Hearings and Timed Items
384 83-268
575
Public Hearing - re intention to rename a private road in Butte
County - renaming of the following road: Elliott's Nest Road
(Aunston Drive to Wondering Way) to Las Flores Road - residents
in area have requested name change. (CONTINUED TO MARCH 22, 1983)
i3-269 Sunrise Financial Corporation, AP 69-52-28, Riverview Estates
Tentative Subdivisicn creating 23G lots on Riverview Drive and
Heritage Road, Kelly Ridge area. Item on which a draft environmental
impact report has been prepared. Public hearing.
MOTION: TO DENY SUNRISE FINANCIAL CORPORATION., AP 69-52-28,
RIVERVIEW.ESTATES TENTATIVE $USDTVTSTON.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
?age 502
March 22, 1983
March 22, 1983
1390
183-270
RECESS: 10:37 A.M.
RECONVENE: 10:57 A.M.
Continued hearing - Kenneth Haddick - appeal of Advisory Agency's
approval of the Sheldon tentative parcel map, AP 73-30-21, four
parcels, east of Forbestown Road on Bamford Way. (From 3/15/83)
MOTION: TO GRANT A NEGATIVE DECLARATION OF THE VERALL SHELDON
TENTATIVE PARCEL MAP, AP 73-30-21, TO CREATE FOUR PARCELS
NOTING THAT THE PROJECT COULD HAVE A SIGNIFICANT EFFECT
ON THE ENVIRONMENT BUT WILL NOT, PROVIDED THE THREE
MITIGATION MEASURES ARE COMPLIER WITH. THE THREE
MEASURES ARE TO BE AS FOLLOWS:
1. INDICATE HOME SITES IN A CLUSTER 'ARRANGEMENT WITHIN
200 FT. OF THE CUL-DE-SAC ON THE TENTATIVE AND FINAL MAPS
TO REDUCE IMPACTS ON MIGRATORY WILBLIFE.
2_ IF AN ARCHAEOLOGICAL/HISTORICAL SURVEY IS DEEMED
NECESSARY OR SIGNIFICANT CULTURAL RESOURCES ARE DISCOVERED,
STEPS ARE TO BE TAKEN TO PROTECT THE CULTURAL RESOURCES.
3. UTILIZE STANDARD EROSION CONTROL MEASURES AND CONSTRUC-
TION PRACTICES TO tdINID1IZE EROSION AND OTHER CONSTRUCTION
IC~IPACTS THAT WOULD OCCUR PRIOR TO FILING THE FINAL f7AP.
FURTHER NOTING THAT THE PROJECT DOES CONFORM TO THE BUTTE
COUNTY GENERAL PLAN TN ZONING AND ALSO REFER TO THE PUBLIC
WORKS CONDITIONS 1 THROUGH 14 AND THE FOLLOWING MITIGATION
MEASURES SHALL BE CONDITIONS OF APPROVAL: 15, 16 AND 17
IN THE ADVISORY AGENCY'S P+IINUTES OF JANUARY 24.
M S
U:OTE: ,_ , l Y 2 Y 3 Y ,4 Y 5 N {Motion carried)
1865 '83-259 Additional .items from Board members to be addressed at the end
of the day:
(a) Discussion of report that Butte Creek Improvement Company
had over-filed for a license for a hydro-facility on Butte Creek.
- Supervisor Wheeler. (COUNTY COUNSEL, SUPERVISORS FULTON AND
SARACENI TO MEET WITH MR. HARLAN AND REPORT BACK TO THE BOARD
ON AVAILABLE OPTIONS)
(b) Report on meeting of property owners in the Swedes Flat
area relative to upgrading and maintaining road. - Supervisor
Saraceni.
(c) Report that the Thermalito Drainage Committee is having
meetings and working diligently. - Supervisor Moseley
(d) Reguest for direction to be given by Board regarding the
Crouch Ditch problem. (LETTER TO BE WRITTEN TO CITY OF CHICO
REQUESTING THEY PROVIDE THEIR Z~NALYSTS.OF CHANGE IN FLOW AND ~ _
INFORM-THEM OF-.IMPACTS WE PERCEIVE ON COUNTY LANDS AND REQUEST
ASSISTANCE IN ADDRESSING THOSE IMPACTS. PUBLIC WORKS TO INVESTI-
GATE TO SEE IF EASEMEN75 STILL EXIST AND IF ANYBODY OWNS THEM.
WRITE TO PROPERTY OWNER WHO IS FILLING IN THE DITCH TO INFORM
THEM OF PROBLEMS ARISING THEREFROM. PUBLIC WORKS TO INVESTIGATE
WITH CITX OF CHICO AND SOUTHERN PACIFIC RAILROAD THE POSSIBILITY
OF REROUTING DITCH. PUBLIC WORKS TO GET ESTIMATE OF COSTS TO
RESTORE AND CLEAN DITCH AND WHAT CHARGES TO PROPERTY OWNER WOULD BE)
Page 503
March 22, 1983
2805 83-260
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796 83-261
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125
199 83-264
March 22, 1983
Public Hearings and Timed Items
Cable television services in unincorporated areas of Paradise.
(CONTINUED TO APRIL 5, 1983, AT 11:30 A.M.)
RECESS: 12:08 P.M.
RECONVENE: 1:32 P.M.
Hearing re Chico parking ticket surcharges requested by
Downtown Chico Business Association and City of Chico.
MOTION: TO RESCIND PREVIOUS ACTION REGARDING SURCHARGES.
5 M
VOTE: 1 N 2 Y 3 Y 4 N S N (Motion fails)
(QUESTION OF IMPLE65ENTATION DATE TO BE CONSIDERED MARCH 29, 1983)
RECESS: 2:34 P.M.
RECONVENE: 2:45 P.M.
Additional items ~ Board members:
Request that Board send a telegram to Department of water
Resources that the county needs help in repairing damage
to Zevees on the Sacramento River. - Chair Dolan
MOTION: TO AUTHORIZE TELEGRAM BE SENT, AS REQUESTED
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
83-262
Request to extend the local state of emergency another fourteen days.
Chair Dolan
MOTION: ADOPT RESOLUTION 83-39 EXTENDING THE LOCAL STATE OF
EMERGENCY ANOTHER FOURTEEN DAYS.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Ronald and Marianne Driesbach - rezone (item not subject to environ-
mental review) from TM-160 (timber mountain - 160 acre parcels) _
and A-2 (general) to TPZ-160 (timber preserve - 160 acre parcels)
located along Binet Road,~approximately one mile north of LaPorte
Road and on Fields Ridge Road, approximately 1.5 miles east of
Sucker Run Road, identified as AP 71-23-7, 73-21-34 and 35,
Forbestown. '
MOTION: I WOULD SO l4OVE AND NOT THAT THE PROJECT IS CATEGORICALLY
EXEMPT FROM ENVIRONMENTAL REVIEW AND FIND THAT THE PROJECT
CONFORMS TO THE GENERAL PLAN AND ADOPT ORDINANCE 2344
ZONING THE DRIESBACH PROPERTY, AP 71-23-7, AP:73-21-34
TPZ-160 ZONE AND SPECIFICALLY EXCLUDING AP 73-21-35 AS
NOT MEETING THE REQUIREMENTS OF THE ZONE.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
83-263
1. Board of Corrections - State of California - provides updated
information on the county jail capital expenditure program.
(INFORMATION ONLY)
Page 504
March 22,.1983
864
997
March 22, 1983
2. California Women for Agriculture - requests a proclamation
of March 18 to 24 as Agriculture Week in Butte County.
MOTION: ADOPT RESOLUTION 83-40 PROCLAIMING MARCH 18 TO 24
', AS AGRICULTURE WEEK IN BUTTE COUNTY.
83-26s Recognition of persons wishing to speak:
1. Mr. Egbert - request that Board direct installation of
culvert to alleviate flooding problems.
2. Ben Woodson - requesting Board to proclaim Butte County
as Agape Center of the World, April 1, 2 and 3, 1983.
MOTION: T MOVE FOR A CERTIFICATE OF APPRECIATION FOR THE
EFFORTS OF AGAPE.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
3. James Hansen - requesting that the 11:00 o'clock be restored
as the time for persons wishing to speak.
Public Hearings and Timed Items
83-266 Public Hearing - W. F. and K. Squyres/J. McLaughlin - proposed
negative declaration regarding environmental impact and rezone from
S-R (suburban residential) to C-I (light commercial) property located
on the north side of West Eighth Avenue, approximately 400 feet
west of Meadow Road, identified a$ AP 43-07-11, 43-08-04, Chico
MOTION: I WOULD 50 MOVE AND NOTE THAT THE REQUIREMENTS OF CEQA
HAVE BEEN COMPLETED AND CONSIDERED IN MAKING THIS DICISION
AND FIND THAT THE PROPOSED REZONE CONFORMS TO THE POLICIES
INCLUDING THE TEXT AND MAP OF THE BUTTE COUNTY GENERAL
PLAN AND ADOPT ORDINANCE 2345 REZONING 2.4 ACRES TO C-1
FOR AP 43-07-11 and 43-08-I, SQUYRES AND McLAUGHLIN
', PROPERTY.
M S
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried}
83-267 Additional items from Board members to be addressed at the end
', of the day:
I. A request that she be allowed to remain as Chairman of the
', Data Processing Committee and that Supervisor Fulton be the
alternate. - Supervisor Wheeler
MOTION: I MOVE THAT I CONTINUE AS CHAIRMAN AND SUPERVISOR FULTON
AS THE ALTERNATE TO THE DATA PROCESSING COMMITTEE.
S M
I VOTE: l Y 2 N 3 Y 4 Y 5 N (Motion Carried)
2. A report on Pacific Telephone's new rate structure for the
Town of Paradise. - Supervisor Fulton
MOTION: THAT A LETTER BE SENT TO P.U.C. JOINING WITH THE
PARADISE CHAMBER OF COMMERCE AND BUSINESS COMMUNITY
TO PROTEST THE UNFAIR CHANGE IN PROCEDURE FOR
DETERMINING RATES.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
1r3g8 505
March 22, 1983
', March 22, 1983
1435 RECESS: The Board recesses at 3:32 p.m, for a closed session on
matters of litigation.
RECONVENE: The Board reconvened at 4:15 p.m. following closed
', session (NO DECISIONS ANNOUNCED}
ADJOURNMENT: There being nothing further before the Board at this
time the meeting was adjourned at x:16 p.m.
an Dolan, Chain
But e County Board of Supervisors
ATTEST: EL R M. B COUNTY CLERK/RECORDER
and --officio C rk to the
B ounty Bo rd of Su rvisors
By:
~~Page 506
March 22, 1983